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PEOPLE STATE NEW YORK v. ORLANDO ESTRADA (11/27/68)

COURT OF APPEALS OF NEW YORK


decided: November 27, 1968.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ORLANDO ESTRADA, APPELLANT

People v. Estrada, 28 A.D.2d 681, affirmed.

Concur: Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents.

 Order affirmed; no opinion. Chief Judge Fuld dissents and votes to reverse and to reinstate the order of Criminal Term granting defendant's motion to suppress on the ground that a person charged with possession of contraband at the time of an unlawful search and seizure is necessarily a "person * * * aggrieved" (Code Crim. Pro., ยง 813-c) by such illegal conduct even though he may not have had physical custody of the property. (See Jones v. United States, 362 U.S. 257, 263-264.)

19681127

© 1998 VersusLaw Inc.



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